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WIPO SMEs Newsletter May 2009

May 31, 2009

By the SMEs Division of the World Intellectual Property Organization (WIPO)

WIPO SMEs Newsletter is a monthly e-publication providing readers with useful intellectual
property information contained in articles, case studies, forthcoming IP/SMEs relevant events, and
published presentations featured on our web site. We hope you will find it useful and
informative. We encourage you to share the newsletter or items of interest with friends and
colleagues. For past issues and information on the activities of the SMEs Division, please
visit
http://www.wipo.int/sme.

NEWS

Harmonizing/Standardizing the Methodology for Research on Intellectual Property and Small and
Medium-sized Enterprises

Supporting small and medium-sized enterprises (SMEs) is integral to the economic growth
strategies of most countries, worldwide. In the knowledge-driven economy, the intellectual
property (IP) system plays a crucial role in the competitiveness of enterprises, including that of
SMEs. In the recent past, a number of studies and surveys on the use of IP by SMEs in a few
countries have shown that most SMEs, worldwide, do not make effective use of the IPR
system. In fact, in most countries, most SMEs are not aware of the relevance of the IP system
to their competitiveness. Also, in many countries, publicly funded awareness and support
services on IP for SMEs are inadequate or non existent. At the same time, as the scope and
methodology of these studies is very variable, therefore, it is not possible to take, with any
degree of confidence, concrete action at the international or national levels to improve the
awareness, access and effective use of the IPR system by entrepreneurs and SMEs. World
Intellectual Property Organization (WIPO) would like to consider the development of a toolkit with
a harmonized/standardized methodology, which will build on the experience of researchers who have
previously worked on this issue. It is hoped that the proposed methodology would enable
national situations to be compared horizontally and vertically, that is, amongst countries and over
time in a country. Such comparisons would enable both developed and developing
countries to better adjust their policies, institutions and practices to better serve the IP needs
of SMEs. This idea of a harmonized/standardized methodology has its origin in a recently approved
project under the Development Agenda process of the WIPO, which is entitled “
Improvement of National,
Sub‑Regional and Regional IP Institutional and User Capacity”.

To develop a harmonized/standardized methodology, the SMEs Division of the WIPO would like to
have a more complete picture of the researchers and institutions involved in (or previously
involved in) studies and surveys on the use of IP by SMEs. The SMEs Division, therefore,
invites interested researchers in this, or in a closely related, area (such as competitiveness of
SMEs), to share their knowledge to help create a harmonized/standardized methodology.

It is proposed to collaborate with interested researchers through a Wiki hosted by the WIPO
SMEs website or by a credible partner willing to take on this responsibility. To facilitate the
creation of the Wiki, the SMEs Division has created a document: “
The Use of Intellectual Property
by Small and Medium-sized Enterprises.” Amongst other things, this document identifies and
provides basic details of some of the most relevant studies that the SMEs Division is aware
of.

Your suggestions, comments on the document, the project in general and/or information about
other relevant researchers, surveys or studies, including links to surveys or studies on IP and
SMEs may be e-mailed to
guriqbal.jaiya@wipo.int .

BEST PRACTICE

Making IPR Work for SMEs: Enforcement Best Practices

LINKS

Knowledge Acquisition Models of SMEs’ New Product Development Processes and the Role of Patent
Information

This article by Hanna Timonen and Eila Järvenpää reports on the findings of a study about how
SMEs acquire external knowledge in the New Product Development (NPD) process. In particular, it
discusses
the role of patent information in the NPD
process, based on knowledge acquisition modes of three different groups of SMEs; the interactors,
the integrators, and the observers.

SMEs and the New Role of Academic Research in Four Nordic Countries

This report examines the polices and institutions designed to promote
the commercialization of academic
research and knowledge exchange between SMEs and universities and the main drivers or obstacles
to the commercialization of academic research in Sweden, Denmark, Norway and
Finland. Attention is drawn to the part of the report entitled, “Reform of the intellectual
property regime with respect to universities”, which deals particularly with the role of ‘
professor/teacher exception clause’, which is on page 30 of the report.

Is Silence Golden? Patents versus Secrecy at the Firm Level

This article by Katrin Hussinger analyzes
the importance of patenting versus secrecy.
Based on the empirical analysis of product innovating firms in German manufacturing in 2000, it
finds that patents are more important than secrecy to protect the income generated from sale of new
products.

User Innovation in SMEs: Incidence and Transfer to Producers

This article by Jeroen P.J. de Jong and Eric von Hippel looks at
the role and use of user
innovation based on survey dada of 2,416 SMEs in the Netherlands. It shows that 21% of all SMEs
engage in user innovation and that users tend not to patent or protect their innovations but to be
willing to transfer their innovations to producer firms.

A Study on the Patent Exploitation and Management Best Practice Model for Japanese SMEs

US Chamber Releases its IP Protection and Enforcement Manual

A Time For Change: Toward A New Era For Intellectual Property Rights In Canada

This report by the Canadian Intellectual Property Council looks at weaknesses in Canada’s
current IPR regime that undermine the country’s innovation capacity and economic
prosperity. Emphasizing the creation of an effective IPR system as critical for the Canadian
economy, it suggests extensive
policy recommendations to bring
Canadian IPR regime up to international standards.

Collecting Payments Even if Your Patent Application Never Issues as a Patent

This article introduces what should be considered in negotiating
license agreements with pending patent
application. It recommends the licensor to insert a de-escalating royalty clause and a clause
regarding the “know-how” information to be protected from the uncertainty of the patent prosecution
process.

Raising the Roof with a Successful IP Strategy

This article explains
the
IP strategy of “Webasto AG”, a German automotive component producer established in 1901. It is
very impressive that the entire internal patenting process, from the first idea for a new product
to the first filing takes only four weeks. It should be also noted that the IP department of the
company works closely with the marketing, purchasing and sales departments getting involved in all
contract negotiations, not only licensing contracts but also purchasing contracts in order to keep
hold of its intellectual property.

WIPO-PPO-KIPO Eastern European Regional Forum on Using Intellectual Property (IP) PANORAMA for
Building Capacity of Small and Medium-Sized Enterprises (SMEs) for Strategic IP Management (Warsaw,
Poland, April 2 and 3, 2009 )
More

NOTE:

The SMEs Division welcomes voluntary contributions of articles, case studies, news items,
useful links and relevant information concerning forthcoming events of interest to entrepreneurs
and SMEs for inclusion in future issues of this newsletter; contributions may be sent by email to
sme@wipo.int.

If you have received this newsletter from someone and would like to subscribe yourself, then
simply send an e-mail to
sme@wipo.int with "subscribe" as the
subject, and indicate your language preference (English, French, Spanish, Arabic, Chinese or
Russian).

The past issues of this newsletter, since August 2001, may be accessed
here.